Ashton Davies outlines how to respond to information requests
One of the first steps to be taken by a party when conducting investigations into the validity of a will is to request information from the solicitor who was involved in the taking of instructions, the preparation and the execution of that will. These requests are increasingly common in light of the significant rise in contentious probate matters. Solicitors and will drafters can sometimes adopt a defensive position upon receipt of the request for information, but before doing so they should bear in mind the Law Society’s recommendation that the testator’s solicitor should make available a statement of his evidence regarding instructions for the preparation and execution of the will and the surrounding circumstances. This recommendation, made in 1959, was later endorsed by the Court of Appeal in Larke v Nugus [1979] 123 Sol Jo 337 and consequently these requests for information are commonly referred to as Larke v Nugus requests.
More recently the issue has been the subject of a specific Law Society Practice Note (16 April 2009) which acknowledges that there is a
